BILL NUMBER: SB 244	CHAPTERED  09/19/00

	CHAPTER   515
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 17, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 11, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   JANUARY 27, 2000
	AMENDED IN SENATE   JANUARY 25, 2000
	AMENDED IN SENATE   JANUARY 14, 2000
	AMENDED IN SENATE   JANUARY 4, 2000

INTRODUCED BY   Senator Solis
   (Coauthor:  Assembly Member Romero)

                        JANUARY 26, 1999

   An act to add Sections 2770.6, 2772.5, and 2772.6 to the Public
Resources Code, relating to surface mining.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 244, Solis.  Surface mining and reclamation.
   Existing law, the Surface Mining and Reclamation Act of 1975,
governs surface mining operations and the reclamation of mined lands
and provides, among other things, for the submission of reclamation
plans to, and issuance of permits by, lead agencies to persons
engaging in surface mining operations.
   This bill would only apply to surface mining operations within the
San Gabriel Basin Water Quality Authority.  The bill would revise
certain procedures for the submission and review of reclamation plans
by a lead agency, as prescribed, and would additionally require the
lead agency to notify, and provide copies of an application to
conduct surface mining operations or an application for the approval
of a reclamation plan to the appropriate California regional water
quality control board of surface mining operations that may impact
groundwater quality, as prescribed.  By imposing new duties on lead
agencies with regard to the review and approval of surface mining
reclamation plans, the bill would impose a state-mandated local
program.
   The existing act requires lead agencies to require specified types
of financial assurances of each surface mining operation to ensure
that reclamation is performed in accordance with the surface mining
operation's approved reclamation plan, which the lead agency
reasonably determines are adequate to complete reclamation in
accordance with the surface mining operation's approved reclamation
plan.  The act requires that the amount of financial assurances
required of a surface mining operation for any one year be adjusted
annually to account for new lands disturbed by surface mining
operations, inflation, and reclamation of lands accomplished in
accordance with the approved reclamation plan.
   This bill would, additionally, require that the amount of
financial assurances required of a mining operation for any one year
be in an amount not less than that required to ensure reclamation is
completed in compliance with the act.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2770.6 is added to the Public Resources Code,
to read:
   2770.6.  (a) Whenever surface mining operations are proposed
within the boundaries of the San Gabriel Basin Water Quality
Authority that may penetrate the groundwater, and whenever proposed
reclamation activities may impact groundwater quality, the lead
agency reviewing an application to conduct surface mining operations,
or reviewing an application for the approval of a reclamation plan,
shall notify and provide copies of the subject application to the
appropriate California regional water quality control board, and any
watermaster for the groundwater recharge basin.  Notwithstanding any
other provision of law, the appropriate California regional water
quality control board may impose an administrative fee on the
applicant to cover its costs associated with the review of, and
preparation of, comments on the subject application, as required
pursuant to this section.
   (b) Each agency shall have 60 days to review and comment on the
proposed surface mining operation described in subdivision (a) and
the adoption of any reclamation plan therefor.  Each agency shall
comment on the existing groundwater quality and the potential impacts
to water quality that may result from the mining operations and the
proposed reclamation plan, and shall recommend methods and procedures
to protect groundwater quality and prevent groundwater degradation.
Each agency shall also comment on the proposed mining activities,
including the conduct of excavation and backfilling operations in
contact with groundwater, and the impact of any proposed alternative
land uses on groundwater quality.  When the proposed surface mining
operations or reclamation plan will impact the groundwater, the lead
agency shall not approve the reclamation plan without requiring
actions to ensure the reasonable protection of the beneficial uses of
groundwater and the prevention of nuisance.  Each agency shall have
60 days to review and comment or until 60 days from the date of
application, whichever occurs first.
   (c) This section applies to activities otherwise subject to this
chapter conducted within the boundaries of the San Gabriel Basin
Water Quality Authority.  To the extent of any conflict between this
section and any other provision of this chapter, this section shall
prevail.
  SEC. 2.  Section 2772.5 is added to the Public Resources Code, to
read:
   2772.5.  (a) A reclamation plan by any person who owns, leases, or
otherwise controls or operates on all, or any portion of any, mined
lands within the boundaries of the San Gabriel Basin Water Quality
Authority, and who plans to conduct surface mining operations on
those lands, in addition to the information required pursuant to
subdivision (c) of Section 2772, shall include a description of any
programs necessary to monitor the effects of mining and reclamation
operations on air, water, and soil quality, on the surrounding area,
backfill characteristics, geologic conditions, and slope stability,
similar to the California Environmental Quality Act document for the
reclamation project.
   (b) This section applies to activities otherwise subject to this
chapter conducted within the boundaries of the San Gabriel Basin
Water Quality Authority.  To the extent of any conflict between this
section and any other provision of this chapter, this section shall
prevail.
  SEC. 3.  Section 2772.6 is added to the Public Resources Code, to
read:
   2772.6.  (a) In addition to meeting the requirements of Section
2773.1, the amount of financial assurances required of a surface
mining operation within the boundaries of the San Gabriel/Basin Water
Quality Authority for any one year shall be in an amount not less
than that required to ensure reclamation of the disturbed areas is
completed in accordance with the approved reclamation plan.
   (b) This section applies to activities otherwise subject to this
chapter conducted within the boundaries of the San Gabriel Basin
Water Quality Authority.  To the extent of any conflict between this
section and any other provision of this chapter, this section shall
prevail.
  SEC. 4.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
as a result of the unique circumstances affecting surface mining
operations within the boundaries of the San Gabriel Basin Water
Quality Authority.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
